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Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA)
Subchapter 2. Regulations of the Division of Occupational Safety and Health

Article 11. License Requirements--Crane and Derrick Certification

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§344.67. Revocation or Suspension of License.

(a) The Division may at any time, upon a showing of good cause and after notice and an opportunity to be heard, revoke or suspend any license issued pursuant to this article.

(b) Notice shall be in writing and served at least two days in advance of the hearing. Service shall be by personal service or certified mail to the address as shown on the application form. The notice shall specify the reasons for the action taken by the Division in order that the applicant may prepare for the hearing. The Division shall also include within the notice of revocation or suspension specific conditions which must be met before the applicant will be entitled to apply for a new certification.

(c) The hearing shall be held at the Division's Headquarters offices or at such other location as may be designated by the Director and shall be presided over by the Chief of the Division or authorized representative.

(d) During the hearing, the Division shall establish good cause for the action taken. Good cause is deemed to exist if the Division establishes any of the criteria set forth in Labor Code section 7376(a) or that the licensed certifier has committed any of the following acts:

(1) Failure to meet or comply with the requirements of this article or the limitations imposed on the license;

(2) Performance of work not in compliance with applicable laws and regulations.

(e) The period of suspension or revocation for the commission of any act referenced in Labor Code section 7376(a) shall be six months for the first such suspension and one year for each subsequent suspension or revocation.

(1) The commission of any other act referenced in subsection (d) may result in suspension or revocation of up to one year.

(f) Following the period of suspension or revocation, an application for license may be filed with the Division.

(g) The certificating agency or person may appeal such suspension or revocation to the Director. The Director shall hold a hearing at such place designated by the Director or authorized representative within five work--ing days of the appeal. The certificating agency shall have the burden of establishing qualification for licensure.

(h) Following the hearing, the Director shall issue a decision. The Director's decision shall be final except for any rehearing or judicial review provided for by law. All requests for rehearings shall be filed with the Director within 10 days from the date of the Director's decision.

(i) The filing of an appeal shall not stay the revocation or suspension, and such action shall remain in effect until such time as the applicant presents proof that the specified written conditions required by the Division are met or until otherwise ordered after resolution of the appeal.

NOTE: Authority cited: Sections 60.5, 6308, 7375, and 7376, Labor Code. Reference: Sections 7375 and 7376, Labor Code.

HISTORY

1. New section filed 7-15-91 as an emergency; operative 7-15-91 (Register 91, No. 44). A Certificate of Compliance must be transmitted to OAL 11-12-91 or emergency language will be repealed by operation of law on the following day.

2. Amendment of NOTE filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

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